Florida Criminal Attorney Blog

Police have arrested a Tampa driver who they say crashed head-on into another vehicle and injured four people on Tampa Bay Boulevard on Sunday. The driver, James Darron Snead, was charged with four counts of driving under the influence with serious bodily injury, the Tampa Tribune reports.

Apparently, Snead was behind the wheel of a 2000 Ford, heading east in the westbound lanes of Tampa Bay Boulevard at about 11 p.m. Sunday when his car struck another vehicle near Lois Avenue. Police said they could smell alcohol on Snead’s breath and noticed Snead’s glassy, bloodshot eyes and slurred speech—telltale signs of a person who is driving under the influence. Snead was arrested and was subjected to breathtests which registered near .20 BAC, which is more than double the legal limit of 08.

Each count of Snead’s DUI with serious bodily injury charge could subject him to five years state prison.

Continue reading "DUI Charged After Wrong-Way Crash Injures 4 In Tampa" »

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The St. Petersburg Times is reporting that Officer Christopher Sutherlin, accused last week of fleeing an accident in which he was driving drunk, resigned from the police force this week.

According to Florida Highway Patrol reports, last week Sutherlin rear-ended a pickup on U.S. 19 north of Main Street and sped away. The pickup driver followed Sutherlin until he was forced to pull over because of front-end damage to Sutherlin’s car. Early the next morning, Troopers arrested Sutherlin on charges of leaving the scene of an accident and later gave him a Breathalyzer test, which registered blood alcohol levels of 0.148 and 0.151 blood-alcohol level. (Florida law presumes a driver impaired at 0.08.)

Sutherlin is charged with DUI, DUI with personal injury and DUI with Property Damage as well as Leaving the Scene of an Accident. The Times reports that the police department began an internal investigation of the incident, which also involved Officer Joseph Pascalli, who was riding with Sutherlin. Pascalli, who had been part of the department's DUI unit, is now working the midnight shift on patrol.

In a strange twist to the story, Joshua Vitori--who was driving the pickup Sutherlin struck-- is a former Pasco County paramedic who resigned from his job last week as a result of accusations he stole $300 from a patient in his ambulance.

Continue reading "New Port Richey cop resigns after allegedly driving drunk" »

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Tampa Bay Online is reporting that Matt McCoy, a linebacker for the Tampa Bay Buccaneers was arrested on Friday night by police for driving while intoxicated near his south Tampa home. Records show that McCoy refused a blood-alcohol test and was released Saturday afternoon on a $500 bail.

The 26-year-old California native was a third-string linebacker who came to Tampa from the Jets as a free agent, and previously played for the Philadelphia Eagles. The team released him on Saturday. The Bucs’ press release can be found here. It is unclear whether the DUI played a part in this decision.

Continue reading "Bucs player arrested for DUI" »

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DUI arrests in South Florida are under suspicion as a result of allegations that an Inspector at the Florida Department of Law Enforcement (FDLE), the government agency that oversees the maintenance of Breathalyzer machines, failed to follow protocol when testing faulty machines.

Defense attorneys say it is a scandal that raises questions about thousands of DUI cases in Monroe, Broward and Miami Dade counties, and they are right. According to CBS 4 in Miami, the Breath Test operator, Suzanne Veiga, encouraged police agencies to abort tests on Intoxilyzer 8000 machines that were giving questionable results, would unplug the machine if the inspection was failing, and then plug the machine back in to prevent the machines from reporting the malfunctions to Tallahassee.

The Intoxilyzer 8000 is the only breath test machine approved for use in Florida and there are more than 300 in use statewide.

The whole purpose of the breath testing protocol is to insure that the Intoxilyzers are working correctly and rendering accurate Breath Alcohol Content (BAC) levels. By keeping malfunctioning machines in police stations, this FDLE inspector has jeopardized the prosecution of thousands of DUI defendants, not to mention potentially causing the arrest of innocent people for drunk driving. My guess is that many of these DUI cases will be broken down to Reckless Driving charges or dismissed outright- it will be too hard for State Attorneys to overcome the presumption that the "faulty" Instruments involved in those arrests rendered invalid results, since they were never properly tested by Veiga.

Continue reading " Hundreds of DUIs may be dismissed as a result of DUI Tester not following protocol " »

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Josh Poltilove reports on Tampa Bay Online that a Hillsborough County Deputy Sheriff allegedly forged supervisors' signatures on important DUI paperwork on two separate occasions. At least one DUI was dropped by the State Attorney's Office as a result of the forgery.

The Internal Affairs investigation found that the Deputy Sheriff, Justin Speaks, committed six felonies--three counts of forgery and three counts of uttering a forged instrument-- and conduct unbecoming to a member of the Sheriff's Office. The IA report alleges that Speaks forged Sgt. William Porter's name and initials on a DUI report this year and that Speaks previously forged Sgt. Ron Harrison's initials on a different DUI report and Sgt. Richard Figueredo's initials to an HCSO supplement.

Continue reading "DUI dismissed as a result of Sheriff's Office Forgery" »

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It was a fashion 911 of sorts. News 4 in Jacksonville reports that a Panama City male probation officer wearing a blond wig, black miniskirt and fishnet stockings was pulled over by law enforcement last week. The "guy"--Ryder Laramore-- also happens to be the son of a public defender.

According to police, several drivers called about Laramore's dangerous driving, and when he was pulled over, a bottle of vodka was sticking out from under his seat. Laramore said he had just left a party but had not been drinking and told police that he was a probation officer and he would lose his job. Bay County officials charged Laramore with DUI, possession of marijuana, possession of methamphetamine and possession of drug paraphernalia.

At this point, losing his job appears to be the least of his worries.

Continue reading "Fashion Emergency: Mini-skirt Wearing Male Officer Charged with DUI " »

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Joel Addington of the Baker County Press reported this week that more than two years after Jack Baker III slammed head-on into another vehicle in Glen St. Mary, he was sentenced to six months in county jail and five years probation in exchange for a no contest plea to DUI involving serious bodily injury, a third degree felony.

The DUI crash occurred in May 2006, when Baker, who was 20 years old at the time, crossed the center line on N. CR 125 and struck the van driven by a Julie Michaud of Cuyler. Ms. Michaud suffered life-threatening injuries in the crash, still walks with a severe limp and only recently regained the ability to write with her natural hand.

Mr. Baker’s blood alcohol level measured .066 three hours after the accident and had the case gone to trial The Baker County State Attorney’s Office was prepared to put on expert testimony to establish that at the time of the accident the that the defendant’s alcohol level exceeded the .08 legal limit.

Judge Moseley, who presided over the plea, warned Mr. Baker that if he violates any provision of the probation, he could face between two and five years state prison.

Continue reading "Baker County Man Sentenced in DUI Injury case " »

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Over the last two years, countless Florida DUI lawyers from Tampa to Brooksville to Gainesville have argued that the makers of the Intoxilyzer 8000 should have to turn over “source codes” under Florida discovery rules. The Intoxilyzer 8000 is the machine Florida law enforcement uses to test Blood Alcohol Content (BAC) which is run by software—called source codes.

Up until this point, most Florida courts were unwilling to require the Intoxilyzer machines’ manufacturer, CMI, to disclose the source code information to Florida citizens facing criminal prosecution for DUI because the source codes were considered trade secrets, which are protected. This past week however, Judge Deborah Bernini of Arizona, ordered that the source codes, despite CMI and Arizona prosecutors’ arguments to the contrary, are not a trade secrets. According to news reports, the judge based her ruling on a finding that the Florida Breath test machine is not patented, nor are the source codes protected by copyright law.

Results from Florida’s breath testing machines are already not allowed in Tennessee courtrooms because of its perceived unreliability. Hopefully, the State of Florida will take this recent development to do the right thing and either use an alternate breath test machine-- one that is completely transparent with no “secrets”—or discontinues use of the Intoxilyzer 8000 until the source codes are turned over and experts throughout Florida have time to perform a full examination of the machines for reliability.

Continue reading "Florida’s DUI Breath Test Machine Under Attack Again - This Time in Arizona " »

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Florida DMV Offices already hold CDL drivers to a high standard – and that standard just got higher.

Starting October 1st, commercial driver license holders convicted of a DUI will be ineligible to drive a commercial vehicle for 12 months after the first conviction and will be permanently suspended after a second conviction. This new rule also applies even if when the DUI was received in a personal vehicle of the CDL holder.

DHSMV already forbids CDL holders from obtaining temporary permits during the DUI Formal Review process. This new rule is just another example of how the State of Florida holds CDL drivers to a higher standard than the other millions of drivers on Florida’s highways.

Continue reading "From Gainesville to Ocala to Tampa - Florida CDL Drivers Beware of New DHSMV Rules" »

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This week, a Florida Appeals Court ordered a new trial for Darion Conner, a former Tampa arena football player charged with DUI manslaughter. Leading up to the court’s ruling, a Hillsborough County jury returned a guilty verdict for DUI manslaughter and a judge sentenced Conner to fifteen (15) years Florida state prison. Conner appealed the verdict citing inappropriate conduct of the prosecutors- and the appeals court agreed.

In Connor’s 2005 DUI trial, Hillsborough county prosecutors--despite objection from the defense--showed the jury a picture of the victim covered in blood on the street after the accident. The court ruled that showing of the photo was unfairly prejudicial to the defense, essentially holding that jury would be so distracted by the shock value of the photo they would not be able to be fair in evaluating whether the State actually proved its case against Conner. This is especially a problem in a case like Connor’s where no one is contesting that there was a death or injury, but rather, whether the driver was sober when the accident occurred.

Continue reading "New Tampa DUI Manslaughter Trial Ordered for Ex-Tampa Arena Football Player" »

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Although many-- including those at the Law Offices of Jason M. Melton-- argue that a political candidate’s spouse receiving a DUI over two decades ago is not newsworthy, media coverage of Sarah Palin’s husband’s old DUI does bring to light an interesting topic with respect to DUI convictions.

Unlike most other criminal charges, under Florida law, a DUI or DWI conviction can never be sealed or expunged. The DUI exception was carved out by the legislature for public policy reasons. The reason DUIs are never removed from traffic or criminal histories is because of the charging and sentencing structure used in Florida and around the country. A first DUI will always be treated differently than a second DUI and a second DUI will be treated more harshly than a third DUI and so on and so forth. With that DUI sentencing structure in mind, the legislature wants prosecutors and law enforcement to have easy access to a person’s DUI history and if DUIs are expunged, then judges would not know to sentence repeat offenders harshly and prosecutors would not know when subsequent DUIs should be charged as a felonies.

In addition, the fact that a DUI occurred in the past is only half the story, when the DUI occurred is also important. For example, a second DUI that occurs more than five years from the first is treated differently from a DUI that occurs within the five year period- namely the latter is subject to harsher mandatory sentences.

Continue reading "Republican Vice Presidential Nominee Sarah Palin Answers Questions About Husband’s Old DUI " »

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Despite a previous DUI arrest and the Florida media reporting on the exact whereabouts of DUI roadblocks, Jimmy Smith has been arrested for DUI for a second time. Both the DUI and accompanying Possession of Marijuana charge are misdemeanors—however it’s likely that State Prosecutors are aware that Smith’s prior 2001 DUI charge was dropped and will treat this DUI more like a second DUI.

Reports state that Smith was pulled over during a DUI roadblock, which under Florida law, holds law enforcement to higher standards than in a typical DUI arrest. DUI roadblock cases have additional legal requirements because of the driver’s Fourth Amendment right to privacy and protection from unreasonable search and seizures. The fact is, unlike a normal DUI case—where cops are either called to the scene of an accident or stop an individual for a traffic infraction—in a DUI roadblock situation, a driver, for no reason other than traveling on a road, is stopped and questioned momentarily without cause. This police stop triggers constitutional protections that requires the State of Florida to, among other things: (1) show the reasons why they set up a DUI roadblock, (2) establish consistent policy and procedures for the operation of the roadblock, (3) state the goal of the operation, and (4) provide an adequate amount of protection to the citizens, i.e. not stopping every driver that falls upon the roadblock route. The last question is the most scrutinized, as courts and legal scholars have often argued that roadblocks create a chilling effect on citizens’ freedom to travel in the community—a right the U.S Supreme Court has established as a fundamental constitutional right.

If you or a loved one has been charged with DUI, Possession of Marijuana, or have questions about DUI Roadblocks, contact North Florida DUI Attorney Jason Melton immediately at 866-608-5529.

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In late December, former Yankee Jim Leyritz was involved in a car crash that left a 30-year old woman dead. Following the crash, Florida law enforcement conducted a DUI investigation and Jim Leyritz was subsequently arrested for DUI Manslaughter.

DUI Manslaughter is a serious criminal traffic charge that can land an individual in Florida State Prison for upwards of 15 years, with a mandatory minimum of three years if convicted. If taken to trial, a Florida jury may ultimately get to see the videotape of his arrest. The video can be watched here, however, I was not overwhelmed with the video as a means to show that Mr. Leyritz was impaired. This video may prove to be a great cross-examination source for Leyritz’ defense team.

Specifically, when watching the tape, I was struck by how composed and smooth Leyritz’ performed the physical sobriety tests. While the media seemed interested in the fact that he showed no emotion when learning of the death of the other driver -- we should remember he will be tried for Driving Under the Influence. Leyritz’s reaction to causing a death is only remotely relevant to show an admission of some sort, not that he responded the way he did to that information. I suspect the judge may entertain a motion to redact that portion of the tape as it really does nothing to show impairment and could only taint the jury.

As to impairment, the case turns on those field sobriety examinations, which he performed well. This evidence, although helpful to the defense, will be countered by State Prosecutors in two ways: (1) His Breath Alcohol Content reading of .14, is well above the legal BAC limit of .08, and (2) under Florida law, a BAC reading over .08 comes with it a presumption of impairment. These are high hurdles for the defense attorneys hired by Leyritz.

Many folks have questions about their DUI arrest and the Law Offices of Jason M. Melton is ready to help. Defending Florida DUI arrests in Brooksville, Gainesville, Ocala, New Port Richey, Inverness, Clearwater, Dade City, Bushnell and everywhere in between.

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Now a resident of Tampa General Hospital, a Florida man who allegedly crashed his truck with his children ages 7 and 11 inside, was charged with two Felonies – Driving on a Suspended License as an HTO(Habitual Traffic Offender) and Child Neglect; as well as two misdemeanors, including DUI with persons under the age of 18 and DUI with property damage. Technically, the defendant could also face another misdemeanor DUI, another count of DUI with persons under the age of 18 and depending on the condition of the children multiple counts for DUI personal injury or Felony DUI Serious Bodily Injury.

According to the news report, the defendant submitted to a battery of field sobriety exercises and did not perform to the officer’s satisfaction. Following this performance, or lack thereof, the officer asked the father to submit to a breathalyzer exam wherein he produced results of 0.172 and 0.175. In Florida you are presumed to have committed DUI if you have been found to be driving with a Breath Alcohol Content (BAC) of over .08. Similarly, you can also be arrested for DUI if found to be driving and having a BAC over .05, but under .08, as the State has what is coined a rebuttable presumption of DUI, however most State Attorney’s Offices do not allow cases with less than .08 reads to go forward.

The defendant in this case faces many years in Florida State Prison. If you have been charged with DUI, have DUI questions or would like to see some of our recent DUI results in places like PASCO COUNTY, HERNANDO COUNTY, PINELLAS COUNTY, SUMTER COUNTY, CITRUS COUNTY or ALACHUA COUNTY, please click the appropriate link. If you’d like to see more information about DUI Lawyer Jason M. Melton or need to call the office, we can be reached at 1-800-608-LAW(5529) or an email can be sent from our Contact Page at www.flcounsel.com.

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It appears that Nick Hogan, son of professional wrestler Hulk Hogan, should heed his dad’s advice to say his prayers and eat his vitamins. He is scheduled to be sent to an adult section of Pinellas County jail to serve an eight month sentence in relation to his involvement in a car crash last August that left Hogan’s passenger with brain injuries. The Clearwater Police investigation into the crash revealed Hogan had been drinking the night of the accident.

E! Online reports that Hogan, aka Nick Bollea, made a request last month to be transferred out of the solitary confinement cell where he was housed because he was a juvenile. The Pinellas County Sheriff’s Office spokesperson indicated on Wednesday that the move is scheduled for June 27th, which incidentally is also Hogan’s 18th birthday. After the transfer, he will be housed with other adults who are who have been similarly sentenced.

In May, Hogan plead no contest to Reckless Driving involving Serious Injury, a felony that can subject an adult to upwards of five years in prison. If you have been charged with Reckless Driving or DUI our Tarpon Springs, FL DUI Firm can represent you during your case from start to finish and help you obtain the best Pinellas County Result possible for your case.

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According to news reports, the former Gainesville, FL and Alachua County resident was charged with DUI after a traffic stop in Nashville Tennessee, where it was alleged the former UF Gator was speeding and swerved several times. Kearse refused the breathylizer or breath test, but during the criminal investigation, allegedly made an admission to police that he drank one vodka with red bull.

According to reports, a field sobriety test was also conducted but Kearse did not perform to the officer’s satisfaction.

If the stop of Kearse’s vehicle occurred in Gainesville, where Florida Law applies, a Judge would have to determine whether the Police had Probable Cause to believe a traffic infraction had occurred (example – speeding or weaving) OR whether or not the Police had Reasonable Suspicion to believe a crime was occurring (example – DUI)- which could justify the reason for the police pulling over Kearse.

Assuming there is credible evidence that the traffic stop was justified, in order for the DUI Prosecutors to proceed, the State would still need to establish that there was Probable Cause for an arrest for DUI. This could be proven by the “failed” sobriety test, admission of drinking and the alleged bloodshot eyes, slurred speech and smell of alcohol. However, a court can also consider how the tests were conducted, the credibility of the officers testifying and the overall reasonableness of the situation to determine whether the arrest was lawful.

Should this case go to trial it is important to remember that Kearse never gave a breath sample and the potential evidence of impairment will be limited to whatever testimonial evidence the Judge allows the State to offer regarding Kearse's driving pattern, his roadside demeanor and the field sobriety tests that he allegedly failed. The potential sanctions for misdemeanor DUI in Florida are similar to sanctions in Tennessee.

If you have any DUI questions for Gainesville, FL DUI Lawyer Jason M. Melton or need more information about our Recent DUI Results in Alachua County, FL and your rights during a DUI investigation, please contact us now at 1-866-608-5LAW.

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